The Research On Registration Effects Of Ship's Ownership

It is generally known that China has adopted registration antagonism in the transference of ship's ownership.Nevertheless,restricted by the inexplicit legal provision and weak theoretical study,the application of the mode brings some controversy.The dispute about the antagonism between the real shipowner and the third party in the affiliation of ship is a typical one.The dispute should be resolved by clearing the registration effects of ship's ownership.However,there are various views about it in the existing papers.Whether in the academic circle of maritime law or civil law,the discussions about the registration effects of ship's ownership focus on the coordination of different theories based on comparative law and ignores studying it in view of native legal environment.From the theory of hermeneutics,this thesis intents to provide an alternative idea for the understanding of the mode and to solve the judicial predicament by clearing the registration effects of ship's ownership and their relationships.This paper is divided into three parts:introduction,body,conclusion.The introduction part mainly introduces the background and significance of the topic,the research content and research methods.The body is divided into four chapters,mainly including:Chapter One provides an overview of ship's ownership registration,especially focus on the concept of ship's ownership,the nature of the ship's registration,the concept and the judicial dilemma in the affiliation of ship,which points out the subject matter and introduces the relevant background.Chapter Two discusses the controversies among the existing theories and analyzes the advantages and disadvantages of them from the perspective of the transference of ship's ownership.On the basis of Chapter One,it also provides a theoretical support for solving relevant issues by expounding the controversies about the publication and indication principle and revealing some friction between registration antagonism and the dualistic structure of property rights.Chapter Three tries to find a proper understanding of China's registration antagonism rules,and figures out the types and normative expressions of the registration effects of ship's ownership.Under the premise of discriminating transferring effect,presuming effect,indication effect,antagonistic effect and their interrelations,this essay indicates the validation essential and publicity method,distinguishes the difference between the registration antagonism system and bona fide acquisition system and draws a conclusion that bona fide acquisition rule is unique,which provide a theoretic,al support for Chapter,Four.Chapter Four studies the registration effects of ship's ownership in the execution law on the basis of Chapter Three.The author holds the view that antagonistic effect may has feasibility in solving the judicial dilemma.Based on the feasibility,it is rational to restrict the scope of the third party to general creditor with or without good faith,which corresponds to Chapter One with a feasible assumption.The conclusion part is the summary of the main ideas in the thesis,which draws a conclusion that the assumption that the common creditor's right of registered owner's general creditor can antagonize the real owner's ownership is conducive to coordinating the interests of relevant parties in the registration.